Chapter 16.32
BOUNDARY LINE ADJUSTMENTS
Sections:
16.32.030 Application submittal and contents.
16.32.010 Purpose.
The purpose of this chapter is to clearly delineate the criteria used by the town of Waterville to review boundary or lot line adjustments. Boundary line adjustments provide a procedure for minor or insignificant changes in property lines. Actions which change or impair conditions or requirements imposed by previous platting decisions must be accomplished pursuant to the subdivision requirements set forth in this title. (Ord. 612 § 1, 2001).
16.32.020 Scope.
A. The following actions shall be governed by the provisions of this chapter, provided the adjustment is consistent with all applicable zoning, health, building, or similar regulations:
1. Minor boundary changes between two adjoining, previously platted lots/parcels;
2. To correct a controversy regarding the location of a lot line;
3. To remedy property use constraints caused by adverse topographical features; or
4. To permanently consolidate adjoining, previously platted lots under single ownership that results in no more than a total of two parcels. Where additional previously platted lots under the same ownership remain adjacent to the two parcels created, no additional parcels shall be created within a five-year period unless said lots are considered, reviewed and approved through the plat alteration, major subdivision or short subdivision provisions of this title, as applicable.
B. A boundary line adjustment does not apply to boundary changes that would result in increased development or density otherwise regulated by applicable town of Waterville land use codes and regulations, or to actions requiring the replat, amendment, alteration, or vacation of an approved final land division. When permanently consolidating previously platted lots under single ownership into three or more lots, or when permanently consolidating previously platted lots that are under different ownerships, regardless of the number of resulting parcels, the provisions of the plat alteration, major subdivision or short subdivision provisions of this title shall apply, as applicable. (Ord. 612 § 1, 2001).
16.32.030 Application submittal and contents.
Applications for boundary line adjustments shall be made on forms provided by the town and shall be signed by the property owner. To be considered a complete application, in addition to the applicable fee and the information required by WMC Title 14, the following information shall be submitted:
A. The original legal description(s) of the entire property(ies) together with new, separate legal descriptions for each parcel, labeling them specifically as parcel A, parcel B, etc.;
B. All parcel numbers of affected lots;
C. The location of the property as to quarter/quarter section;
D. The existing zoning district(s) within which each parcel is situated;
E. Three copies of a clean and legible drawing suitable for recording showing the following:
1. The proposed lines for all affected lots, indicated by bold solid lines;
2. The existing lot lines proposed to be changed, indicated by light broken lines;
3. All boundary lines shall be referenced with proper bearings and distances;
4. The location and dimensions of all structures/improvements existing upon the affected lots, including any existing on-site septic systems, and the distance between each such structure/improvements and the proposed lot/boundary lines, with structures proposed to be removed from the site depicted with broken lines and structures to remain on the site depicted with solid lines;
5. A north arrow and scale;
6. The location and dimensions of any easements within or adjacent to any affected lots;
7. The location, right-of-way widths, pavement widths and names of all existing or platted streets, whether public or private, and other public ways within or adjacent to the affected lots;
8. The area and dimensions of each existing lot and for each adjusted lot following the proposed adjustment;
9. The location of all existing and proposed water, sewer and storm drainage facilities;
F. For proposals including complex drawings or property descriptions, the town may require the drawing be done by a licensed land surveyor, in which case the surveyor’s certificate and all certificates and other information as may be required shall be included;
G. The drawing shall be attached to or shall include on the face of it, a formal legal declaration of the boundary line adjustment, signed and notarized by all legal owners of the subject properties;
H. A title certificate consisting of a report showing all encumbrances on the property and all parties having any full or partial interest(s) in the property to be subdivided including their address and telephone number;
I. A copy of any CC&Rs, deed restrictions or planned unit development agreements pertaining to or affecting the property; and
J. Any other information as deemed necessary to clarify or complete the application shall be included. (Ord. 612 § 1, 2001).
16.32.040 Review process.
A. Applications for a binding site plan shall be processed according to the procedures set forth in WMC Title 14 for “limited administrative review.”
B. Based on comments from the public works superintendent, public health official, Douglas County assessor and other applicable agencies and departments, the administrator shall approve the proposed boundary line adjustment only upon finding that the standards of WMC 16.32.050 have been satisfied. (Ord. 612 § 1, 2001).
16.32.050 Approval criteria.
In reviewing any boundary line adjustment, the administrator shall determine that all of the criteria stated below are met. If the administrator finds that any of the criteria are not met during the boundary line adjustment review, he/she shall deny the boundary line adjustment application and inform the applicant of the applicable review process.
A. The boundary line adjustment does not create any additional building site, lot, tract, parcel, or division;
B. The boundary line adjustment does not result in a lot, tract, parcel, site, or division which contains increased density or insufficient area or dimension to meet the minimum requirements for area and dimension as set forth in the town’s zoning and land use codes and regulations, and state and local health codes and regulations;
C. The boundary line adjustment results in conformance with setback and density limitations in accordance with the requirements of the town’s zoning and land use regulations;
D. The boundary line adjustment does not diminish or impair drainage, water supply, existing sanitary sewage disposal, and access or easement for vehicles or pedestrians, utilities, and fire protection for any lot, tract, parcel, site, or division;
E. The boundary line adjustment does not diminish or impair any public or private utility easement or deprive any parcel of access or utilities;
F. The boundary line adjustment does not create unreasonably restrictive or hazardous access to the property;
G. The boundary line adjustment does not increase the nonconforming aspects of an existing nonconforming lot relative to the town’s zoning and land use regulations;
H. The boundary line adjustment does not replat or vacate a land subdivision, or revise or amend the conditions of approval of any land division; and
I. The boundary line adjustment does not amend the conditions of approval for previously platted property. (Ord. 612 § 1, 2001).
16.32.060 Recording.
A. Upon taking action on the application, the administrator shall notify the applicant. If the boundary line adjustment is approved, the applicant shall then record with the Douglas County auditor the certificate or document issued by the town indicating approval of the boundary line adjustment, together with the legal document(s) transferring title, any applicable restrictive covenants, and the survey, if one was required and has not yet been recorded.
B. If the final documents are not recorded within 90 days of the notice of approval, the boundary line adjustment shall automatically become null and void.
C. A boundary line adjustment does not become effective until the applicant has recorded the documents required for recording with the Douglas County auditor. The original recorded documents shall be returned to the town, and it must bear the county auditor’s stamp to verify recording. No building or other site development permits shall be acted upon until the recorded document(s) has been returned to town. (Ord. 612 § 1, 2001).